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When you don't see something new here, check out Scribble's illustrated Page Two blog for a new cartoon plus reader comment. Or go to Page Two for comments. Between the two Scribble pages, you should find something new most days.

When you don't see something new here, check out Scribble's illustrated Page Two blog for a new cartoon plus reader comment. Or go to Page Two for comments. Between the two Scribble pages, you should find something new daily.

What Bush Wants to Hear
By David Cole
[Review of] The Powers of War and Peace:The Constitution and Foreign Affairs After 9/11
by John Yoo
University of Chicago Press, 366 pp., $29.00

Few lawyers have had more influence on President Bush's legal policies in the "war on terror" than John Yoo. This is a remarkable feat, because Yoo was not a cabinet official, not a White House lawyer, and not even a senior officer within the Justice Department. He was merely a mid-level attorney in the Justice Department's Office of Legal Counsel with little supervisory authority and no power to enforce laws. Yet by all accounts, Yoo had a hand in virtually every major legal decision involving the US response to the attacks of September 11, and at every point, so far as we know, his advice was virtually always the same the president can do whatever the president wants.

Yoo's most famous piece of advice was in an August 2002 memorandum stating that the president cannot constitutionally be barred from ordering torture in wartimeeven though the United States has signed and ratified a treaty absolutely forbidding torture under all circumstances, and even though Congress has passed a law pursuant to that treaty, which without any exceptions prohibits torture. Yoo reasoned that because the Constitution makes the president the "Commander-in-Chief," no law can restrict the actions he may take in pursuit of war. On this reasoning, the president would be entitled by the Constitution to resort to genocide if he wished.

December 23, 2005
The Advocate
A Junior Aide Had a Big Role in Terror Policy
By TIM GOLDEN

While a mere deputy assistant attorney general in the legal counsel office, Mr. Yoo was a primary author of a series of legal opinions on the fight against terrorism, including one that said the Geneva Conventions did not apply and at least two others that countenanced the use of highly coercive interrogation techniques on terror suspects. Recently, current and former officials said he also wrote a still-secret 2002 memorandum that gave legal backing to the administration's secret program to eavesdrop on the international communications of Americans and others inside the United States without federal warrants.

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